Home Construction Defect Case Prelitigation Procedure Under California Civil Code Section 914 Backfires on Homebuilder Drafting Its Own Contract Provision

Posted by Steven Vartabedian on

In 2002, hoping to reduce construction litigation and the impact on housing costs, the California Legislature enacted Civil Code sections 895-945.5 that included a nonadversarial prelitigation procedure requiring home purchasers, who believe their home may be defective, to give the builder notice of the claimed defects and an opportunity to investigate and repair the defects […]

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Legal Duty in Tort of Parents of Mentally Disabled Adult who Kills Hinges Upon Whether Parents Could Foresee Violent Harmful Acts Against Others

Posted by Ronald Henderson on

A 19 year-old “autistic” man shot and tragically killed two people before killing himself. In Smith v. Freund (filed February 2, 2011) 2011 DJDAR 1935, the family of the two victims sued the parents of the shooter primarily alleging that the defendants negligently failed to supervise their son, who lived with and was supported by […]

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Remodeling Construction Work Not Under California Statutory Exception for “Household Domestic Service” Concerning Employment Safety Requirements

Posted by Steven Vartabedian on

In Cortez v. Abich ( filed January 24, 2011) 2011 DJDAR 1257, plaintiff was seriously injured while employed by an unlicensed contractor performing roof demolition, when he fell through a seemingly intact portion of the roof of homeowner defendants’ property while he was clearing debris from the portion of the roof already demolished. Defendants moved […]

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Interpreting California Civil Code Sections 1354 & 1468: Recorded Real Estate Covenants, Conditions and Restrictions (CC&R) Trump Contract

Posted by Steven Vartabedian on

In the last posting concerning the Villa Vicenza case, I discussed how the appellate court there refused to enforce a CC&R, asserted under Civil Code section 1354. In this posting, I discuss Monterey/Santa Cruz County Building and Construction Trades Council v. Cypress Marina Heights LP (filed January 10, 2011) 2011 DJDAR 1324, in which the […]

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Alternative Dispute Resolution (ADR): California Statutes, Public Policy, and Agreement –Part II: Enforcement of Recorded Covenant to Arbitrate

Posted by Steven Vartabedian on

The second recent ADR case on the meeting of minds concerns arbitration–that is, whether an arbitration will even happen. The Court of Appeal (4th District, Division 1) in Villa Vicenza Homeowners Association v. Nobel Court Development LLC (filed January 11, 2011) 2011 DJDAR 585 found “CC&R’s are not an effective means of obtaining an agreement […]

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Alternative Dispute Resolution (ADR): California Statutes, Public Policy, and Agreement –Part I: Mediation Confidentiality

Posted by Steven Vartabedian on

Welcome to the inaugural posting of the California Appellate Lawyer Blog, presented by the Appellate Practice Group of Dowling Aaron Incorporated, Inc. This is Steve Vartabedian, recently retired from the bench, having spent 21 years on the California Court of Appeal which followed 8 years on the trial court. From time to time, I, and […]

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